From: Enrichment
- Restitution & Unjust Enrichment Legal Issues
<ENRICHMENT@LISTS.MCGILL.CA> on behalf of Robert Stevens
<robert.stevens@LAW.OX.AC.UK>
Sent: Friday 8
September 2023 10:50
To: ENRICHMENT@LISTS.MCGILL.CA
Subject: Re: [RDG]
Smith, The Law of Loyalty
He
can't say it himself but I'm sure everyone on the list joins with me in
congratulating Lionel on a book that is the culmination of many years working
in this area.
Rob
From: Enrichment -
Restitution & Unjust Enrichment Legal Issues <ENRICHMENT@LISTS.MCGILL.CA> on
behalf of Lionel Smith, Prof. <lionel.smith@MCGILL.CA>
Sent: Friday, September 8, 2023 10:07:08 AM
To: ENRICHMENT@LISTS.MCGILL.CA
<ENRICHMENT@LISTS.MCGILL.CA>
Subject: [RDG] Smith, The Law of Loyalty
Published today unfortunately, only in North America for now is my book The
Law of Loyalty (OUP). Publication in the rest of the world will
apparently only be in December. From the blurb:
The Law of Loyalty is a study of the principles governing the use
of legal powers that are held for other-regarding ends. It addresses both
public law and private law, and examines both the common law and the civil law.
It aims to provide a theory of how Western law regulates the situations in
which we hold legal powers, not for ourselves, but for and on behalf of others.
It does this by elucidating the justificatory principles that are attracted in
those situations. These principles include that other-regarding powers can only
properly be used for the purposes for which they were granted; that they should
not be used when the holder is in a conflict of self-interest and duty, or a
conflict of duty and duty; and that the holder is presumptively accountable for
any profits extracted from the other-regarding role.
These principles stand behind the detailed legal rules that govern these
relationships in multiple legal systems and in multiple public and private
settings. In private law this includes the powers of trustees, corporate
directors, agents and mandataries; in public law it includes all powers held
for public purposes, whether they be held by the Prime Minister, by a police
officer, or by a judge.
I permit myself to announce it on the RDG because a principal argument
is that the liability of a fiduciary to account for an unauthorized gain is not
an example of restitution for wrongs but is rather the direct implementation
of the primary obligation of accountability that is inherent in a fiduciary
relationship.
The attached flyer has the now-customary discount code.
With my best wishes,
Lionel